Nothing frustrates more than losing a family member, or a breadwinner, to a fatal car accident. The pain is debilitating if this was the sole breadwinner, which means the family is left in a tough economic situation. If you, a loved one, or a friend were involved in a car accident, you could engage the services of a Maryland Fatal Car Accident Lawyer to seek justice and compensation for the same. Many struggle or even find it almost impossible to get funds to take care of the hospitalization bills and specialized care, hence never think of seeking justice/compensation for the accident. Our car accident attorneys at Pinder Plotkin will help evaluate your case and advise you on the best way forward.
The Most Common Causes of Fatal Auto Accidents Today
The cause of an auto accident can be used to determine the kind of wrongful death the lawyer/victim can pursue. The accident may be due to the driver’s fault through reckless driving, intentional wrongdoing, and negligence among other reasons. Other causes/reasons for an accident may be due to a fault with the car, misconduct, and product liability. There are also times when you may need to sue auto mechanics, the car manufacturer, state, as well as local emergency personnel if they didn’t respond appropriately to the case.
Other issues may come into play regarding the cause of the accident as well. A good example of this is a mental health patient looking to commit suicide by causing an accident. While the patient might be to blame for the accident, someone may argue out that this was a case of medical malpractice, making the doctors responsible. A mentally ill person is often considered/believed not to be able to make a rational decision, which is why the therapist or physician could be to blame for the accident. you may also sue a bar owner or attender if the accident was as a result of driving while under the influence of alcohol. Although such cases may be hard to believe, they are not uncommon.
What Compensation Options Can A Family Seek for The Death of Their Loved One?
Family members have a right to seek justice and compensation for the death of a loved one from an accident. This is especially possible if the other driver was to blame for the accident. Some of the types of compensation the family can claim include:
- Medical and funeral expenses
- Pain and emotion suffering for both the deceased person and the immediate family as a unit
- Property damage
- Lost wages: This includes employee benefits and family member’s compensation
- Absence of normal guidance, the loss of a relative’s comfort, and consortium: The children deserve compensation for all that their disease parent would have done if he/she were still alive.
The lawyer should file two separate legal actions or claims simultaneously to increase the chances of getting full compensation. These are:
- Survival action: By personal representatives of the deceased’s family
- Wrongful death action: This focuses on the family’s loss.
If by a good chance the victim had already prepared a will, then the executor can serve as the family’s representative to file the survival action.
What is the Statute of Limitations in a Wrongful Death Claim?
According to the Maryland Judicial Procedure Code Section 5-109, victims up have to 3 years to file for wrongful death from the death of the loved one. The statute can, however, be extended to 5 years if the death was as a result of medical malpractice. This is however depended on the date upon which the healthcare’s liability was discovered.
What is Contributory Negligence?
Contributory negligence may also be considered when filing a wrongful death case. Contributory negligence applies where the victim is believed to have contributed in one way or the other to his/her injuries. Even as little as 1% proof of negligence on the victim’s side can make it almost impossible to recover damages. A good Maryland wrongful death attorney should help explain and simply these complex issues for you to understand much better. He/she will help you determine if your claim stands a chance should you choose to proceed with the case.
How Can a Maryland Wrongful Death Attorney Help?
If a family member or a friend was killed in a fatal road accident as a result of someone else’s negligence, you can get compensation for the same through the help of a good wrongful death attorney. Contact us as soon as you discover this for our lawyers at Pinder Plotkin to look into your case and advise you on the most suitable way to seek compensation.